Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)------Ss.2(b) & 3---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service on account of inefficiency and misconduct---Major penalty of dismissal from service was awarded to appellant on allegation of inefficiency and misconduct---Show-cause notice was issued to appellant by competent Authority and personal hearing was also given to him---Major penalty of dismissal from service was awarded to appellant by competent Authority---Plea of appellant that said official being a contract employee was not competent to act as such had no force---Allegation on basis of which major penalty of dismissal from service was imposed on appellant having fully been proved, appellant was rightly dismissed from service by competent Authority. Appellant in Person. M. Ishaq Khan for Respondents. Date of hearing: 8th June, 2004. JUDGMENT HASAN RAZA PASHA, (MEMBER).---This is an appeal against the order dated 3-7-2001 whereby the appellant was awarded the major penalty of dismissal from service on account of inefficiency and misconduct. He submitted a representation on 14-7-2001 which was rejected by the General Manager (Operation), the Appellate Authority on 17-9-2001. Hence this appeal. 2. Brief facts of the case are that the appellant joined the service of Pakistan Railways as a Junior Clerk in the Stores Department in 1964. On 23-6-2001 when the show-cause notice was issued to him he was working as Senior Litigation Assistant in BPS-13 at the Railway Headquarter, Lahore. The show-cause notice reads as follows:-- 'PAKISTAN RAILWAYS No. E-122/702. HEADQUARTER OFFICE LAHORE Date: 23-6-2001. Mr. Muhammad Idrees Khan, Senior Litigation Assistant, Pakistan Railways, Headquarters Office, Lahore. SHOW-CAUSE NOTICE Whereas you made direct correspondence with Honourable Federal Minister for Communications and Railways and sent him a letter dated 28-3-2001 (copy enclosed). And whereas your above said action amounts to conduct prejudicial to good order and service discipline and as such falls within the ambit of "misconduct" as defined in Removal from Service (Special Powers) Ordinance, 2000 (as amended by Ordinance No…

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